Terms and Conditions
Carport Co LLC | (Commercially known as “The Carport Co.”)
KEY TERMS SUMMARY - PLEASE READ CAREFULLY
Before you order, understand these critical points:
WE ARE A DEALER, NOT THE MANUFACTURER
- We coordinate your order with the manufacturer
- The manufacturer handles fabrication, delivery, and installation
- Product warranties come from the manufacturer, not us
DEPOSITS ARE NON-REFUNDABLE AFTER THREE (3) BUSINESS DAYS
- You have three business days to cancel for a refund (less processing fees)
- After three business days, your deposit is earned by us and non-refundable
- Exceptions: (1) Government permit denial, or (2) delays exceeding two weeks beyond estimated lead time
- If you modify your order, your deposit applies to the modified order at current pricing
LEAD TIMES & PRICING
- Lead times: 2-4 weeks (estimates only—weather, materials, and scheduling affect timing)
- Prices guaranteed for set periods (30-365 days depending on manufacturer)
- Order modifications reset your price guarantee and require current pricing
DISPUTES GO TO ARBITRATION
- Binding arbitration in Indiana (or virtual with nationwide arbitrator)
- You waive your right to jury trial; small claims court still available
BY PLACING YOUR ORDER OR E-SIGNING, YOU AGREE TO ALL TERMS BELOW.
1. BINDING AGREEMENT & ACCEPTANCE
1.1 Agreement to Terms, Electronic Signature & ESIGN Act Compliance
BY PLACING AN ORDER WITH CARPORT CO LLC, YOU ENTER INTO A LEGALLY BINDING CONTRACT AND AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY.
These Terms & Conditions (this “Agreement”) govern all transactions between you (“Customer,” “you,” or “your”) and Carport Co LLC, commercially known as “The Carport Co.” (“Company,” “we,” “us,” or “our”). By placing an order by any means, you electronically sign this Agreement under the ESIGN Act and UETA.
1.2 Universal Applicability & Agent Orders
This Agreement applies to ALL orders regardless of: method of order placement, payment method, communication channel, sales representative, manufacturer, geographic location, or order size.
If ordering on behalf of another (the “End User”):
- You warrant you have authority to bind the End User to all terms, including arbitration
- You and the End User are jointly and severally liable
- You must provide End User’s name, property address, and a copy of these Terms at time of order
- You indemnify Carport Co LLC against any claim by the End User that they are not bound
- If you lack authority, you are personally bound as the End User
1.3 Modification of Terms
Carport Co LLC reserves the right to update this Agreement at any time without notice. The version in effect on the date you place your order governs your transaction. Changes do not apply retroactively.
2. CARPORT CO LLC'S ROLE & BUSINESS MODEL
2.1 Authorized Dealer Status
Carport Co LLC is an authorized dealer for steel carport manufacturers nationwide. We are not a manufacturer, fabricator, or installer. Our role: process orders, collect deposits, coordinate with manufacturers, and provide customer service.
2.2 Direct Manufacturer Relationship
Once your order is submitted, you enter a direct contractual relationship with the manufacturer. You will sign a separate Sales Agreement with them. The manufacturer handles fabrication, delivery, installation, and warranties.
Your Responsibilities:
- Respond to manufacturer communications timely
- Provide accurate information to the manufacturer
- Coordinate directly with manufacturer for scheduling, changes, and issues
- Follow manufacturer’s site preparation and installation instructions
- Be available by phone on installation day (presence not required)
- Inspect completed installation before crew leaves
Carport Co LLC’s Limited Role:
We are a dealer coordinating your order, not the manufacturer or installer. All installation and product issues must be addressed directly with the manufacturer. If you have concerns about installation quality or crew conduct, raise these with the manufacturer immediately before the crew leaves.
Carport Co LLC cannot resolve installation disputes, order crew returns, or fix installation errors. These are manufacturer responsibilities under your Sales Agreement with them.
For comprehensive disclaimers regarding product quality, manufacturer performance, installation results, and our liability limitations, see Section 9.
Manufacturer Cancellation/Failure:
If the manufacturer cancels, goes bankrupt, or fails to perform, our maximum liability is your deposit (less any amounts forwarded to the manufacturer).
2.3 Affiliate Links & Commissions
Our website may contain affiliate links. We may earn commissions at no cost to you. We are not the seller/manufacturer of third-party products and make no warranties regarding them. Review third-party terms before purchasing.
3. DEPOSIT POLICY & DEALER SERVICES FEE
3.1 What Your Deposit Covers
Your deposit compensates us for work we begin immediately: submitting your order to the manufacturer, reserving your production slot, and managing your project from order to installation.
3.2 Deposit Applies to Your Balance
Your deposit is not an extra fee—it’s a payment toward your total balance. Example: $10,000 order – $1,500 deposit = $8,500 due at installation. Deposits typically range from 10% to 20% of total order value.
3.3 When Your Deposit Becomes Non-Refundable
If you cancel after 3 business days without qualifying for a refund exception (Section 4), your deposit becomes a non-refundable dealer services fee. You receive no refund, the deposit applies to no balance, and you owe nothing further.
3.4 Price Guarantees & Order Modifications
Price Guarantee Periods (from order date, deposit paid, no customer-caused delays):
- ACE Steel Carports: 120 days
- American Steel Carports: 120 days
- Carolina Carports: 90 days
- Eagle Carports: 60 days
- EB Carports/American Carport Pros: 30 days from quotation
- Quality Carports: 365 days
Customer-caused delays include: permit issues, site prep delays, failure to provide access, unavailability/rescheduling, financing delays, failure to respond to communications, or any delay not caused by us or the manufacturer.
After Price Guarantee Expires or Material Costs Increase 10%+:
We or the manufacturer may adjust pricing or cancel. You then have three options:
- Accept new pricing and proceed
- Cancel and receive deposit refund (less processing fees per Section 5)
- Proceed immediately at original price (if ready within 15 days)
Order Modifications:
Any modification (size, style, color, specs) resets your price guarantee to the modification date, and current pricing applies. Your deposit applies to the modified order; you pay any difference.
Canceling after modification forfeits your deposit unless you qualify for exceptions in Section 4.2, 4.3, 4.4, or 4.5.
Permit Modifications vs. Denials:
Modifying your order to comply with permit requirements (reducing size, changing specs) is an order modification, not a permit denial. Only final government denials that cannot be reasonably remedied qualify for refunds under Section 4.3.
Our Right to Cancel:
We may cancel if material costs increase 10%+, customer delays exceed the price guarantee window making original pricing commercially unreasonable, or for reasons in Section 4.5. If we cancel, you receive a refund less processing fees per Section 4.5.
3.5 Balance Payments
The remaining balance is paid directly to the manufacturer unless otherwise stated in your order confirmation.
4. REFUND POLICY
4.1 General Rule: Deposits Are Non-Refundable
AS A GENERAL RULE, ALL DEPOSITS PAID TO CARPORT CO LLC ARE NON-REFUNDABLE.
There are four (4) exceptions: Sections 4.2, 4.3, 4.4, and 4.5.
4.2 Exception #1: Three (3) Business Day Refund Window
You may cancel within three business days of deposit payment date by emailing [email protected] with “Refund Request – [FIRST NAME] [LAST NAME]”. Refunds are processed within 5-10 business days to the original payment method only.
4.3 Exception #2: Official Permit Denial
If a government authority finally denies your building permit, you receive a refund if you provide:
- Official denial letter on government letterhead
- Proof of timely permit application and good-faith effort
- Notice to us within 20 business days of denial
Does NOT qualify: HOA denial, voluntary withdrawal, correctable deficiencies you chose not to address, pre-existing zoning restrictions/setbacks you should have known about, requirements for site-specific engineering plans (Section 7.6), requirements to modify building dimensions to comply with generic plan limitations, or any permit issue resolvable through plan modification, re-submission, or additional engineering.
You are solely responsible for determining permit requirements and obtaining all necessary permits. Carport Co LLC provides no advice, guidance, or assistance regarding permits.
4.4 Exception #3: Delays Exceeding Two (2) Weeks Beyond Original Estimated Lead Time
Once your site is ready, permits obtained, and you notify scheduling, you’ll receive an estimated lead time. If you receive different estimates from us and the manufacturer, the longer estimate controls.
If installation does not start within two weeks after the estimated lead time, you qualify for a refund—unless the delay is weather-caused.
Weather delays do NOT count. Weather includes: frozen ground, snow, ice, heavy rain, flooding, high winds, lightning, severe storms, extreme heat, or any conditions making installation unsafe. The two-week clock pauses during weather and resumes when weather permits.
This exception does not apply if delays are customer-caused (Section 3.4) or if you rescheduled (Section 7.2).
4.5 Exception #4: Company Cancellation
We reserve the right to cancel your order if:
- Material costs increase 10%+
- Manufacturer discontinues your product or stops servicing your area
- Customer-caused delays beyond 90 days make original pricing commercially unreasonable
- Force majeure events last more than 90 days (Section 12)
- Any other reason within our control makes fulfilling your order impractical
If we cancel:
- Reasons 1-4: Full deposit refund, less processing fees (Section 5)
- Reason 5 (our fault): Full deposit refund including processing fees
Manufacturer cancellations/bankruptcy/failure are governed by Section 2.2; our liability is limited to your deposit (less amounts forwarded to manufacturer).
4.6 Voluntary Refunds & No Admission of Liability
We may, in our sole discretion, issue refunds not required by this Agreement (for customer service, scheduling issues, pricing errors, inaccurate information, or any reason we deem appropriate).
Any voluntary refund:
- Is a courtesy, not a legal obligation
- Does NOT constitute admission of fault, liability, or breach
- Cannot be used as evidence against us
- Does NOT establish precedent
- Is subject to processing fee deductions (unless expressly waived in writing)
By accepting a voluntary refund, you waive claims that it implies liability and acknowledge it resolves the matter in full unless otherwise stated in writing. Our decision to issue or deny a voluntary refund is final and not subject to challenge.
5. PAYMENT PROCESSING FEES (DEDUCTED FROM ANY REFUND)
BY PLACING YOUR ORDER, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO THE DEDUCTION OF PAYMENT PROCESSING FEES FROM ANY REFUND, AS THESE ARE ACTUAL THIRD-PARTY COSTS THAT CARPORT CO LLC CANNOT RECOVER
Processing fees vary by payment method:
Processing fees are set by third-party payment processors and are subject to change. The processing fees in effect at the time of your payment will apply to any refund calculation.
Upon request, Carport Co LLC will provide documentation of actual processing fees charged for your transaction.
6. CIRCUMSTANCES THAT DO NOT QUALIFY FOR REFUNDS
You expressly acknowledge, understand, and agree that circumstances resulting in non-refundability include, but are not limited to, the following illustrative examples:
- Customer-related: Change of mind, buyer’s remorse, financial hardship, sale of property, divorce, family changes, finding lower price, spousal disagreement, failure to return signed order form in a timely manner
- Scheduling: Unavailability on installation date, failure to prepare site/provide access, rescheduling requests after installation scheduled
- Weather delays: Extended lead times caused by weather (Section 4.4)
- Permit & property: Choosing not to apply for permit, HOA denial, pre-existing easements/setbacks/zoning, failure to address correctable permit deficiencies, order modifications for permit compliance (deposit applies to modified order at current pricing—only final government permit denials qualify per Section 4.3)
- Third-party: Neighbor complaints, utility conflicts, landlord denial
- Product expectations: Minor cosmetic imperfections, color variation, dimensions within industry tolerances (±0.5-1.5″), buyer’s remorse about size/style
- Financial: Inability to pay balance, credit denial, financing falling through
- Pricing disputes: Price increases due to customer-caused delays, material cost escalations, order modifications, or manufacturer price changes (you may cancel under Section 3.4 if we adjust pricing, but are not entitled to refund simply because pricing increased)
- Manufacturer-related issues: Installation quality/results, crew conduct, manufacturer communication delays, scheduling conflicts, product performance, structural issues, code compliance, wind/snow ratings, material quality, warranty claims, repairs, post-installation issues (manufacturer responsibilities—see Sections 2.2 and 9.3)
- Engineering plans: Discovery that your jurisdiction requires site-specific plans, need to pay for engineered plans, plan preparation delays, permit office rejection of generic plans (see Section 7.6)
- Utility/infrastructure issues: Discovery of underground utilities, septic systems, drain fields, or other site obstacles after ordering; utility company requirements or restrictions; easement limitations discovered after ordering
- Access/delivery issues: Delivery truck cannot access property, gate too narrow, overhead obstructions (power lines, trees), road weight restrictions, requirement for special delivery arrangements
- Soil/foundation issues: Ground conditions unsuitable for installation (rock/clay/unstable soil), requirement for additional foundation work, grading requirements discovered after ordering
- Local restrictions discovered post-order: Homeowner association rules you were unaware of, deed restraints, community covenants, landlord requirements, mobile home park rules, campground policies
- Measurement errors: Incorrect measurements provided by you, site dimensions different than stated, clearance issues discovered during installation
- Timing/availability: You are not ready within your price guarantee window, you need to delay installation beyond available scheduling, seasonal restrictions in your area
- Building code/engineering: Discovery that your project requires calculations in addition to plans, jurisdictional requirements for wet-stamped plans vs digital plans, requirement for multiple engineering documents (see Section 7.6)
- Any other customer-side delay, preference change, or circumstance not explicitly set forth as a refundable exception under Section 4.
ANY REFUND REQUEST BASED ON THE ABOVE WILL BE DENIED.
7. INSTALLATION SCHEDULING & CUSTOMER RESPONSIBILITIES
7.1 Lead Time and Installation Estimates
Typical lead time: 2–6 weeks once you’re ready (site prepped, permits obtained). Lead times and installation completion times are estimates only—weather, materials, and crew availability affect timing. Not guaranteed.
7.2 Your Presence Not Required
You don’t need to be present. If you choose to be present and are unavailable on the scheduled date, you’ll be rescheduled to the next available run. If you request a reschedule, you forfeit the 2-week delay refund (Section 4.4)—that refund applies only to company/manufacturer-caused delays.
7.3 Your Site Preparation Responsibilities
You are solely responsible for:
- Property access (driveway width, gates, obstacles)
- Site clearing (vehicles, debris, vegetation)
- Ground preparation (level ground, concrete pad if required)
- Calling 811 to locate underground utilities
- All permits and HOA approvals
- Legal right to install on the property
Site Not Ready:
If the crew arrives and the site is not ready (not level, obstacles present, access blocked, utilities not marked, etc.), installation will be rescheduled to the next available date. You receive no refund, and this is a customer-caused delay that resets lead time guarantees under Section 4.4. Multiple rescheduling due to site failures may result in additional trip fees or manufacturer cancellation (not a Company cancellation under Section 4.5—no refund).
7.4 Weather-Related Delays
Crews will not work in unsafe weather (severe storms, high winds, ice, extreme heat). Refunds are not offered due to reschedules caused by weather.
7.5 Equipment Requirements
Certain installations require specialized equipment (telescopic forklifts, etc.) based on building size, site conditions, and manufacturer specs. Confirm equipment needs directly with the manufacturer.
Equipment Options:
- Manufacturer-Provided Rental: Typically $2,000–$3,500. Fee covers equipment availability for scheduled date(s). If rescheduled for any reason (weather, site issues, your unavailability), you’re responsible for full fee regardless of actual use days.
- Customer-Provided Equipment: You provide equipment meeting manufacturer specs, ensure availability on installation date(s), and ensure safe, lawful operation.
Our Recommendations = Estimates Only: Any equipment specs or rental advice from us are general estimates based on experience, not professional engineering advice. Requirements vary by manufacturer, project, site, and regulations. Confirm all specs with manufacturer before renting/purchasing. Manufacturer has final authority on required equipment.
No Liability for Equipment Issues: Neither we nor the manufacturer are responsible for: costs if you rent/purchase equipment not meeting specs, lost rental fees due to delays/reschedules, additional rental days, equipment rental fees if you cancel, or delays from unavailable/unsuitable/improperly operated equipment. Equipment rental fees are separate from deposit/balance and non-refundable once reserved. If your equipment doesn’t meet specs or is unavailable, you may be rescheduled (customer-caused delay, no refund per Section 4.4) and may incur additional charges.
7.6 Engineering Plans & Permit Requirements
Your Responsibility: Determine what engineering documentation (generic plans, site-specific plans, and/or calculations) your jurisdiction requires before ordering. Requirements vary by building dimensions, local codes, state/county regulations, and site conditions.
Generic Plan Limitations:
Most manufacturers provide generic (pre-engineered) plans at no cost for standard structures, but NOT for:
- Structures wider than 30 feet
- Leg heights 13 feet or higher
- Jurisdictions requiring site-specific engineering regardless of size
- Non-standard/custom designs
- Specific wind/snow/seismic requirement areas
Generic plans do NOT include calculations. If your jurisdiction requires calculations, you must order site-specific engineering.
Site-Specific Plans & Calculations:
Site-specific engineering costs $300–$1,500+ (plans only) or $500–$2,500+ (plans + calculations) and are ordered from licensed engineers.
Jurisdictional requirements vary:
- Some accept site-specific plans only
- Some require site-specific plans + calculations
- Some require wet-stamped (original signature) vs. digital plans
You must verify your jurisdiction’s specific requirements before ordering.
NO REFUND if site-specific plans or calculations are required. This does NOT qualify as a permit denial (Section 4.3).
Your Options if site-specific engineering is required:
- Pay for required engineering documents and proceed
- Modify order to qualify for generic plans (current pricing per Section 3.4)
- Forfeit deposit (Section 4.1)
Site-specific engineering is non-refundable once ordered, even if you cancel, permit is denied for other reasons, you change your mind, or documents don’t satisfy your jurisdiction. Engineering fees are separate from deposit/balance.
What Does NOT Qualify as Permit Denial:
Being informed you need site-specific plans or calculations, needing to reduce building size for generic plans, jurisdiction requiring calculations in addition to plans, jurisdiction requiring wet-stamped plans, permit office requesting modifications fulfillable by re-submission or additional engineering.
We and manufacturers: Do not provide engineering advice, cannot guarantee plan/calculation acceptance, are not responsible for engineering prep delays, and cannot refund engineering fees paid to third-party engineers.
8. CHARGEBACKS & PAYMENT DISPUTES
Before initiating a chargeback, email [email protected] (subject: “Dispute – [YOUR NAME]”) and allow us 15 business days to resolve.
If you file a false or bad-faith chargeback, we may pursue collection, including attorney’s fees and credit reporting. Any collection lawsuit shall be brought exclusively in Delaware County, Indiana.
9. LIMITATION OF LIABILITY & DISCLAIMERS
9.1 Our Limited Role & Maximum Liability
We Are a Dealer, Not Manufacturer/Installer:
Carport Co LLC is an authorized dealer coordinating your order with manufacturers. We are not a manufacturer, fabricator, or installer. We have no liability for product defects, installation errors, warranty service, or manufacturer insolvency.
Maximum Liability Cap:
Our total liability for any claim (whether in contract, tort, negligence, strict liability, or otherwise) shall not exceed the deposit amount you paid to us. If you paid in full, our liability shall not exceed the minimum required deposit we informed you of (typically 10% to 20% of the order total).
Exclusion of Consequential Damages:
WE ARE NOT LIABLE FOR LOST PROFITS, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL DISTRESS, PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES—EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY.
This exclusion applies regardless of the form of action and survives any failure of essential purpose of any limited remedy.
9.2 No Warranties—"AS IS" Services
ALL SERVICES PROVIDED BY CARPORT CO LLC ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:
- Implied warranty of merchantability
- Implied warranty of fitness for a particular purpose
- Any warranties arising from course of dealing or usage of trade
- Any warranties regarding accuracy, reliability, or completeness of information provided
Some states do not allow disclaimer of implied warranties, so the above may not apply to you. In such states, our warranties are limited to the minimum required by law.
9.3 Manufacturer Product & Service Disclaimers
Carport Co LLC makes no representations, warranties, or guarantees regarding:
Product Quality & Performance:
- Structural integrity, engineering, or design of any structure
- Suitability for your intended use, climate conditions, or site conditions
- Compliance with local building codes, engineering requirements, or zoning regulations
- Wind ratings, snow loads, seismic ratings, or other performance specifications
- Material quality, thickness, grade, or durability
- Longevity, lifespan, or resistance to weathering, rust, or corrosion
- Manufacturer’s compliance with industry standards or best practices
Manufacturer Performance & Operations:
- Manufacturer’s ability to meet estimated lead times or delivery schedules
- Manufacturer’s communication quality, responsiveness, or customer service
- Installation crew skill, training, experience, professionalism, or conduct
- Manufacturer’s financial stability, continued operation, or business practices
- Manufacturer’s warranty service, claims handling, or dispute resolution
- Manufacturer’s compliance with labor laws, insurance requirements, or safety regulations
- Manufacturer’s subcontracting practices or third-party relationships
Installation Execution & Results:
- Installation crew conduct, professionalism, appearance, or behavior
- Installation quality, methods, techniques, or workmanship
- Crew arrival times, schedule adherence, or punctuality
- Property damage, landscaping damage, or utility damage during installation
- Personal injuries, accidents, or safety incidents occurring during installation
- Disputes with installation crew or manufacturer representatives
- Installation errors, defects, omissions, or deviations from plans
- Cleanup quality, completeness, or timeliness
- Level or plumb installation within industry tolerances
- Aesthetic appearance, finish quality, or visual appeal
- Proper anchoring, foundation work, or ground preparation by installer
- Waterproofing, weather-tightness, or moisture intrusion prevention
- Door operation, alignment, or functionality
- Color matching, consistency, or fade resistance
- Compliance with manufacturer specifications or engineering plans
Post-Installation Issues:
- Warranty claims, warranty service, or warranty disputes
- Repairs, modifications, or alterations after installation
- Color fading, chalking, or finish deterioration over time
- Rust, corrosion, or material degradation
- Structural problems, settling, or movement
- Any issues arising after installation is complete and crew has left
Any representations made about products, lead times, capabilities, or specifications are based on manufacturer-provided information and are not guaranteed by Carport Co LLC. We are resellers of manufacturer products and services, not guarantors of them.
If the manufacturer’s product or service fails to meet your expectations, your sole recourse is against the manufacturer under their warranty and your Sales Agreement with them, not against Carport Co LLC.
9.4 No Professional or Expert Advice
General Information Only:
Any content on our website (articles, blog posts, guides, FAQs, videos, etc.) and any advice, recommendations, or information from our sales representatives (whether by phone, email, text message, in-person conversation, or any other means) represents general information based on our industry experience.
This is NOT:
- Professional engineering advice or engineering services
- Legal advice or legal services
- Architectural advice or architectural services
- Construction advice or contracting services
- Expert testimony or expert opinions
- Code interpretation or compliance certification
- Site evaluation or site-specific recommendations
- Structural analysis or load calculations
- Permit consulting or permit application services
You Must Consult Licensed Professionals:
You should always consult qualified, licensed professionals (professional engineers, architects, contractors, attorneys, building officials, or other experts) before making decisions about your specific property, project, or situation.
Reliance at Your Own Risk:
Any reliance on information from Carport Co LLC—whether on our website, in articles, in phone conversations, in emails, in text messages, or provided verbally—is at your sole risk. We are not liable for any decisions you make based on such information.
9.5 Indemnification
You agree to indemnify, defend, and hold harmless Carport Co LLC, its owners, officers, employees, agents, representatives, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and court costs) arising from or relating to:
- Your breach of this Agreement or violation of any term or condition
- Your failure to obtain required permits, approvals, or authorizations
- Your failure to comply with applicable laws, codes, regulations, or ordinances
- Unauthorized chargebacks, payment disputes, or fraudulent payment reversals
- Code violations, zoning violations, or permit violations on your property
- Your negligence, willful misconduct, or illegal activities
- Claims by third parties (neighbors, HOAs, governmental entities, etc.) related to your order or installation
- Your failure to properly prepare the site or provide safe access
- Injuries or property damage occurring on your property during installation (except to the extent caused solely by manufacturer’s gross negligence)
- Your misrepresentations or provision of inaccurate information
- Your failure to respond to manufacturer communications or coordinate with manufacturer
This indemnification obligation survives termination or cancellation of this Agreement.
10. DISPUTE RESOLUTION & ARBITRATION
10.1 Governing Law
Indiana law governs this Agreement, without regard to conflict of laws.
10.2 Arbitration Agreement
Except as provided in Section 10.3, any dispute shall be resolved by binding arbitration under AAA Consumer Arbitration Rules, before a single arbitrator in Delaware County, Indiana (or virtually with a nationwide arbitrator). Each party bears its own fees and costs. The arbitrator’s decision is final and binding.
BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
10.3 Exceptions (Court Allowed)
The following may be brought in court:
Small claims court actions (if within jurisdictional limits)
Collection actions in Indiana courts
Injunctive relief to stop chargebacks or enforce payment
10.4 Jurisdiction & Venue for Non-Arbitrable Disputes
For any court action allowed under 10.3, you agree to exclusive jurisdiction and venue in Delaware County, Indiana, and waive any objection based on inconvenient forum.
10.5 Arbitration Opt-Out Right
You may opt out of arbitration within 30 days of placing your order by emailing [email protected] with subject: “Arbitration Opt-Out – [YOUR NAME]”
If you opt out: You may pursue disputes in court (subject to Section 10.4 jurisdiction). All other terms remain in effect. This opt-out only affects the arbitration requirement.
10.6 Limitation Period for Claims
To the extent permitted by applicable law, you must bring any claim arising from this Agreement within one (1) year from the date the claim accrues, or the minimum period required by law in your state of residence, whichever is longer.
This limitation period applies regardless of whether the claim is brought in arbitration or court, and regardless of the form of action (contract, tort, statute, or otherwise).
11. COMMUNICATIONS & CONSENT
You consent to receive electronic communications (email, text, phone) from us and are responsible for keeping contact information current. Missed communications due to incorrect info or spam filters do not excuse your obligations.
Phone calls may be recorded for quality assurance. By remaining on the call, you consent to recording. Advice provided during calls or via text is governed by Section 9.4.
To opt out of marketing texts: reply “STOP.” To opt out of marketing emails: reply “UNSUBSCRIBE”.
12. FORCE MAJEURE
We are not liable for delays or failures caused by acts of God, weather, pandemics, government orders, material shortages, supply chain disruptions, labor disputes, cyberattacks, or any event beyond our reasonable control.
If force majeure lasts more than 90 consecutive days, either party may cancel. Refund (if any) equals deposit minus processing fees and costs already incurred.
13. GENERAL PROVISIONS
13.1 Entire Agreement
This Agreement, your order confirmation, and the manufacturer’s Sales Agreement constitute the entire agreement. Any oral statements contradicting this Agreement are not binding.
13.2 Amendments & Modifications
Only a written amendment signed by us or an updated version on our website (for future orders) modifies this Agreement. Oral modifications are not valid.
13.3 Severability
If any provision is unenforceable, it shall be modified or severed, and the rest of the Agreement remains in effect.
13.4 No Assignment by Customer
You may not assign this Agreement without our written consent. We may assign it freely.
13.5 Survival
The following provisions survive termination, cancellation, or completion of this Agreement:
- Section 4 (Refund Policy)
- Section 3.4 (Price Guarantees and Order Modifications)
- Section 5 (Processing Fees)
- Section 8 (Chargebacks & Payment Disputes)
- Section 9 (Limitation of Liability & Disclaimers)
- Section 10 (Dispute Resolution & Arbitration)
- Section 13 (General Provisions)
- Section 14 (Acknowledgments & Representations)
- Any other provision that by its nature should survive
13.6 Language
This Agreement is written in English. If this Agreement is translated into any other language, the English version controls in the event of any conflict or ambiguity.
14. ACKNOWLEDGMENTS & REPRESENTATIONS
By placing an order, you acknowledge that:
- You have read and understood this entire Agreement
- Deposits are non-refundable except as specified in Section 4
- Processing fees are deducted from any refund
- You consent to arbitration and waive jury trial (unless you opt out)
- You are responsible for permits, site prep, and HOA approval
- We are a dealer, not a manufacturer—product warranties come from the manufacturer
- Any advice we provide is general information only; you must consult licensed professionals
- If you modify your order, your deposit applies to the modified order at current pricing, and you pay any difference; modifications do not entitle you to a refund unless your permit is completely denied per Section 4.3
- You are solely responsible for confirming equipment specs with the manufacturer; any equipment recommendations from us are estimates only, not professional advice (Section 7.5)
- The manufacturer controls all aspects of fabrication, delivery, and installation; Carport Co LLC has no liability for manufacturer performance, quality, or conduct (Section 2.2)
- You are responsible for responding to manufacturer communication and coordinating directly with them for scheduling and installation (Section 2.2)
- You are solely responsible for verifying whether generic engineering plans are available for your project; requiring site-specific plans does not entitle you to a refund (Section 7.6)
- You are at least 18 years old and have legal authority to enter this contract
15. CONTACT INFORMATION
Carport Co LLC (The Carport Co)
Email: [email protected]
Phone: (888) 293-5588
Address: 9500 N Wheeling Ave, Lot 85, Muncie, IN 47304
Hours: 9am–5pm ET, Mon–Fri
16. EFFECTIVE DATE & ACCEPTANCE
16.1 Effective Date
Original Effective: January 8, 2024
Latest Revision: August 14, 2026
This version of the Terms & Conditions (dated August 14, 2026) applies to all orders placed on or after August 14, 2026. Orders placed before this date are governed by the version of the Terms in effect at the time of order placement.
16.2 How You Accept This Agreement
You accept this Agreement by ANY of the following:
- Placing an order via phone, email, text, or any other method
- Providing payment information or submitting payment
- Signing a manufacturer order form referencing these Terms
- Initialing or checking a box acknowledging these Terms
- Proceeding with the order process after being provided a link to these Terms
- Accepting delivery or installation of a carport
By taking any of these actions, you confirm you have been given reasonable opportunity to review these Terms, understand and agree to be legally bound by them, and your acceptance constitutes a legally binding electronic signature under the ESIGN Act and UETA.
17. FINAL STATEMENT
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT PLACE AN ORDER WITH CARPORT CO LLC.
By placing an order, you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety.
This is a legally binding contract.
© 2026 Carport Co LLC. All rights reserved.